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Nicholas V. Perricone

Special Counsel

[email protected]

+1.617.348.4437

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Nick represents public and private companies and private equity firms in a broad range of transactions and corporate matters. His practice focuses on capital formation transactions (public offerings and private placements of securities, joint venture transactions, private equity and venture capital investments), securities law compliance, mergers and acquisitions, and general corporate representation. Nick has served as counsel to clients in a number of sectors, including retail, life sciences, technology, health care, and nonprofits.

Before joining Mintz, Nick was an associate in the Boston office of another international law firm. Prior to this, he was in-house counsel at a biotechnology company.

During law school, Nick served as editor of the University of Connecticut Journal of International Law.

viewpoints

Until the Delaware Court of Chancery issued its recent decision in In re McDonald’s Corp. Stockholder Derivative Litigation[1] (“McDonalds”), it was unclear if claims for breach of the fiduciary duty of loyalty premised on a lack of oversight first established by In re Caremark International Inc. Derivative Litigation[2] (“Caremark”) in 1996, with respect to directors, also applied to corporate officers of Delaware corporations.

 

[1] No. 2021-0324 (Del. Ch. Jan. 26, 2023). Caremark claims were officially adopted a decade later by the Delaware Supreme Court in Stone v. Ritter, 911 A.3d 362 (Del. 2006).

[2] 698 A.2d 595 (Del. Ch. 1996)

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In this advisory, we discuss a recent amendment to the Delaware General Corporation Law (DGCL) permitting a Delaware corporation to eliminate or limit the personal liability of certain officers of the corporation — for monetary damages to the corporation or its stockholders — for the breach of the fiduciary duty of care.

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Pre-Closing Covenants: Operating in the Ordinary Course of Business

January 29, 2020 | Article | By Nicholas V. Perricone

Read about issues to consider when drafting or negotiating transaction agreements with covenants to operate in the “ordinary course” of business between signing and closing.
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News & Press

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Mintz is representing Future Electronics in an all-cash, $3.8 billion sale targeted to close in the first half of 2024. Mintz M&A Members Daniel Follansbee and Ran Zioni led a multi-office team that included Special Counsel Nicholas Perricone, plus Associates and Antitrust, Debt Financing, and Employment Members. Toronto MP Mitch Frazer and other Partners provided Canadian guidance.

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Special Counsel Nicholas Perricone was quoted in a Bloomberg Law article discussing Delaware's changed General Corporation Law, which allows companies to limit the monetary liability of certain executives, including the CEO and CFO, for duty of care breaches.

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Special Counsel Nicholas Perricone authored an article republished by WestLaw Today discussing an amendment to the Delaware General Corporation Law that allows corporations to eliminate or limit the personal liability of certain officers for breaches of the duty of care.

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Mintz Special Counsel Nicholas Perricone authored an article published by Deal Lawyers on issues to consider when drafting or negotiating transaction agreements with covenants to operate in the “ordinary course” of business between signing and closing.
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Nicholas V. Perricone

Special Counsel

Boston